IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 357/2021, I.R.No. 94/2021 under section 144 of Cr.P.C./3175

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Johnson (23),

S/o. Joseph (Late),

No. 14, 4th Cross,

Murugan Koil Street,

Orleanpet,

Puducherry.

. . Counter Petitioner

[ 3657 ]

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

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No.

300

Poudouchéry

Mercredi

15

Décembre

2021 (24 Agrahayana 1943)

No.

Puducherry

Wednesday

15th

December

2021

3658

LA GAZETTE DE L’ETAT

[ PART-I

3658

This petition along with case sheet is filed by the Station House Officer,

Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives

and properties and disturbance to the public tranquility and order, in the jurisdiction

of this Court.

2. The Counter Petitioner is Thiru Johnson (23), son of Joseph, a resident

of No. 14, 4th Cross, Murugan Koil Street, Orleanpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Orleanpet Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R. No. 94/2021 under

section 144 of Cr.P.C., dated 08-10-2021. Therein, it has been stated that the Counter

Petitioner has formed a gang of rowdies and indulging in crimes such as murder

and disturbance to the public tranquillity and order. The Counter Petitioner has

created panic in the minds of local inhabitants and the business community in the

city limit. It is also stated that he is leading lavish life with the money earned

through extortion. As a result the people of the locality being afraid of him do not

come forward to lodge any complaint against him.

4. The Petitioner further reported that, in-between on 04-07-2021 at 17.30

hours to 09-07-2021 at 23.15 hours at No. 08, 4th Cross, Periyar Nagar, Murugan

Koil Street, Orleanpet, Puducherry, the accused persons (1) Gowtham (23), son of

Gopal (late), No. 04, 8th Cross, Murugan Koil Street, Periyar Nagar, Orleanpet,

Puducherry, (2) Abraham (22), son of Selvanathan, No. 03, 10th Cross, Periyar Nagar,

Puducherry, (3) Johnson (23), son of Joseph (late), No. 14, 4th Cross, Murugan

Koil Street, Orleanpet, Puducherry, were arrested under the possession of one 7.62

SLR Rifle. During enquiry all the accused persons A1 to A3 in furtherance of

common intention committed house breaking in day time and stolen (1) one 7.62

mm rifle, (2) 3 knifes and (3) copper coils which were in the custody of Hon'ble III

Additional District Jurisdiction Court, Puducherry and kept in CP room situated in

Integrated Court Complex, Puducherry. In this connection, the Petitioner had stated

that the following criminal case was registered against the Counter Petitioner.

Cr.No. 98/2021 under section 25 (1A) of Arms Act, 1959 @ 454, 380 IPC

and 25(1A) of Arms Act, 1959 r/w 34 IPC, dated 09-07-2021.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner violated the conditions imposed by

the Criminal Courts while he was released on bail and he is desperate and is in dire

need of money to maintain his group of rowdy elements and to meet expenses in

connection with the trial in the pending criminal cases against him. The Counter

Petitioner is hatching plans to threaten the business people in the Puducherry urban

area and extort money from them by threatening. It is stated that the Counter

Petitioner is a young and very active notorious rowdy element and have become a

source of terror among the public. And also, the Counter Petitioner earned

displeasure among a section of other rowdy group in the area on account of the

grudge against him and hence, rival group is also waiting opportunity to take

revenge upon him. It is further stated that the Counter Petitioner is not a law abiding

person and have scant respect to the judiciary and rule of law.

6. The Petitioner further submitted that if the Counter Petitioner is allowed

to reside in Puducherry urban limits, it is apprehended that he would continue to

indulge in serious offences like murder, extortion, assault, obstructions and

annoyance, damages to the public and private properties, etc., and thereby emerged

PART-I ]

LA GAZETTE DE L’ETAT

3659

as a perennial source of threat to the community and disturb public peace and order.

Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed

to invoke provisions under section of 144 Cr.P.C., against the Counter Petitioner

do not to enter into the jurisdiction of this Court, for a period of two months as to

prevent danger to the human life and properties, and disturbance to the public

tranquility and order.

7. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021

and further hearing on 16-11-2021. It was instructed to serve the notice to the

Counter Petitioner through the Station House Officer, Orleanpet Police Station,

Puducherry. The notice was received by the Counter Petitioner.

8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,

Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter

Petitioner were present.

9. I have heard both the sides and carefully gone through all the available

records in file placed by the Petitioner. In the Police Information Report/Petition,

it is stated that the activities of the Counter Petitioner are in such a manner that he

may cause breach of peace and create a problem of law and order, and public

tranquility. He has involved in crimes such as unlawful activities and disturbance

to the public peace and order. There is one criminal case was registered against

him. I have also heard the oral submissions of the Counter Petitioner. The Counter

Petitioner has stated that the Petitioner has filed this false case with an ulterior

motive.

10. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to public and

private properties, obstructions, annoyance, etc., and thereby become a perennial

source of threat to the community and disturb public peace and order. Such

situations cannot be handled effectively by taking recourse to usual procedures

contemplated by law and hence, it is necessary that special provision under section

144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent

harm to life and properties of citizens and uphold public peace and order.

11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of the powers conferred under section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Johnson (23), son of Joseph, a resident of No. 14, 4th Cross,

Murugan Koil Street, Orleanpet, Puducherry, from entering into the region under

the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two

months from the date of this order or till any further orders are passed by the

Competent Authority revoking this prohibition as per law, whichever is earlier except

when you are summoned to attend the cases in any of the Courts in Puducherry.

However, the Counter Petitioner may represent against this order before the

undersigned by post or by Counsel.

At Puducherry, dated on this 16th day of November, 2021, pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

3660

LA GAZETTE DE L’ETAT

[ PART-I

3660

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 358/2021, I.R.No. 95/2021 under section 144 of Cr.P.C./3174

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Abraham (22),

S/o. Selvanathan,

No. 03, 10th Cross,

Periyar Nagar,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer,

Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives

and properties and disturbance to the public tranquility and order, in the jurisdiction

of this Court.

2. The Counter Petitioner is Thiru Abraham (22), son of Selvanathan,

a resident of No. 03, 10th Cross, Periyar Nagar, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Orleanpet Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R.No. 95/2021 under

section 144 of Cr.P.C., dated 09-10-2021. Therein, it has been stated that the Counter

Petitioner has formed a gang of rowdies and indulging in crimes such as murder

and disturbance to the public tranquillity and order. The Counter Petitioner has

created panic in the minds of local inhabitants and the business community in the

city limit. It is also stated that he is leading lavish life with the money earned

through extortion. As a result, the people of the locality being afraid of him do not

come forward to lodge any complaint against him.

4. The Petitioner further reported that, In-between on 04-07-2021 at 17.30

hours to 09-07-2021 at 23.15 hours at No. 08, 4th Cross, Periyar Nagar, Murugan

Koil Street, Orleanpet, Puducherry, the accused persons (1) Gowtham (23), son of

Gopal (late), No. 04, 8th Cross, Murugan Koil Street, Periyar Nagar, Orleanpet,

Puducherry, (2) Abraham (22), son of Selvanathan, No. 03, 10th Cross, Periyar Nagar,

Puducherry, (3) Johnson (23), son of Joseph (late), No. 14, 4th Cross, Murugan

Koil Street, Orleanpet, Puducherry, were arrested under the possession of one 7.62

SLR Rifle. During enquiry all the accused persons A1 to A3 in furtherance of

common intention committed house breaking in day time and stolen (1) one 7.62

mm rifle, (2) 3 knifes and (3) copper coils which were in the custody of Hon’ble III

ADJ Court, Puducherry and kept in CP room situated in Integrated Court complex,

Puducherry. In this connection, the Petitioner had stated that the following criminal

case was registered against the Counter Petitioner.

PART-I ]

LA GAZETTE DE L’ETAT

3661

Cr.No. 98/2021 under section 25 (1A) of Arms Act, 1959 @ 454, 380 IPC

and 25(1A) of Arms Act, 1959 r/w 34 IPC, dated 09-07-2021.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner violated the conditions imposed by

the Criminal Courts while he was released on bail and he is desperate and is in dire

need of money to maintain his group of rowdy elements and to meet expenses in

connection with the trial in the pending criminal cases against him. The Counter

Petitioner is hatching plans to threaten the business people in the Puducherry urban

area and extort money from them by threatening. It is stated that the Counter

Petitioner is a young and very active notorious rowdy element and have become a

source of terror among the public. And also, the Counter Petitioner earned

displeasure among a section of other rowdy group in the area on account of the

grudge against him and hence, rival group is also waiting opportunity to take

revenge upon him. It is further stated that the Counter Petitioner is not a law abiding

person and have scant respect to the judiciary and rule of law.

6. The Petitioner further submitted that if the Counter Petitioner is allowed

to reside in Puducherry urban limits, it is apprehended that he would continue to

indulge in serious offences like murder, extortion, assault, obstructions and

annoyance, damages to the public and private properties, etc., and thereby emerged

as a perennial source of threat to the community and disturb public peace and order.

Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed

to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do

not to enter into the jurisdiction of this Court, for a period of two months as to

prevent danger to the human life and properties, and disturbance to the public

tranquility and order.

7. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021

and further hearing on 16-11-2021. It was instructed to serve the notice to the

Counter Petitioner through the Station House Officer, Orleanpet Police Station,

Puducherry. The notice for the Counter Petitioner was received by his mother,

Tmt. S. Sagayamary. The service was held sufficient for the Counter Petitioner.

8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,

Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter

Petitioner were present.

9. I have heard both the sides and carefully gone through all the available

records in file placed by the Petitioner. In the Police Information Report/Petition,

it is stated that the activities of the Counter Petitioner are in such a manner that he

may cause breach of peace and create a problem of law and order, and public

tranquility. He has involved in crimes such as unlawful activities and disturbance

to the public peace and order. There is one criminal case was registered against

him. I have also heard the oral submissions of the Counter Petitioner. The Counter

Petitioner has stated that the Petitioner has filed this false case with an ulterior

motive.

10. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to public and

private properties, obstructions, annoyance, etc., and thereby become a perennial

3662

LA GAZETTE DE L’ETAT

[ PART-I

3662

source of threat to the community and disturb public peace and order. Such

situations cannot be handled effectively by taking recourse to usual procedures

contemplated by law and hence, it is necessary that special provision under section

144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent

harm to life and properties of citizens and uphold public peace and order.

11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of the powers conferred under section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Abraham (22), son of Selvanathan, a resident of No. 03, 10th Cross,

Periyar Nagar, Puducherry, from entering into the region under the jurisdiction of

the Subdivisional Magistrate Court (North), for a period of two months from the

date of this order or till any further orders are passed by the Competent Authority

revoking this prohibition as per law, whichever is earlier except when you are

summoned to attend the cases in any of the Courts in Puducherry. However, the

Counter Petitioner may represent against this order before the undersigned by post

or by Counsel.

At Puducherry, dated on this 16th day of November, 2021, pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 359/2021, I.R.No. 96/2021 under section 144 of Cr.P.C./3173

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Kumar @ Rajakumaran (28),

S/o. Ragavan,

No.75, Mettu Street,

Kuttiyankuppam,

Thookkanampakkam Post,

Cuddalore District, Tamil Nadu.

(Presently residing at Periyar Nagar,

Nellithope,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer,

Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives

and properties and disturbance to the public tranquility and order, in the jurisdiction

of this Court.

PART-I ]

LA GAZETTE DE L’ETAT

3663

2. The Counter Petitioner is Thiru Kumar @ Rajakumaran (28), son of

Ragavan, a resident of No. 75, Mettu Street, Kuttiyankuppam, Thookkanampakkam

Post, Cuddalore District, Tamil Nadu (Presently residing at Periyar Nagar, Nellithope,

Puducherry).

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Orleanpet Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R.No. 96/2021 under

section 144 of Cr.P.C., dated 10-10-2021. Therein, it has been stated that the Counter

Petitioner has formed a gang of rowdies and indulging in crimes such as murder

and disturbance to the public tranquillity and order. The Counter Petitioner has

created panic in the minds of local inhabitants and the business community in the

city limit. It is also stated that he is leading lavish life with the money earned

through extortion. As a result, the people of the locality being afraid of him do not

come forward to lodge any complaint against him.

4. The Petitioner further submitted that, on 13-07-2021 at 16.30 hours one

Thiru V. Damodaran, III Adittional District Judge, Puducherry, came to Station and

lodged a complaint, in which he stated that on 13-07-2021 at about 11.00 hours at

the case property room, Northern side of Court Complex, Integrated Court Complex,

Puducherry, the accused persons (A1) Kumar @ Rajakumaran (28), son of Ragavan,

No. 75, Mettu Street, Kuttiyankuppam, Thookkanampakkam Post, Cuddalore District,

Tamil Nadu, (A2) Akash (19), son of Kumar, No.16, 4th Cross, Murugan Koil Sreet,

Orleanpet, Puducherry, (A3) Saran @ Sinna Saran (19), son of Dass @ Murthy,

No. 523, 2nd Cross, Periyar Nagar, Nellithope, Puducherry, were joined together in

furtherance of common intention trespassed into the Court complex case property

room and committed theft of one Pistol and knifes. In this connection, the Petitioner

had stated that the following criminal case was registered against the Counter

Petitioner.

Cr.No. 99/2021 under sections 454, 380, 511 IPC @ 454, 380 IPC r/w

34 IPC, dated 13-07-2021 of Orleanpet Police Station, Puducherry.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner violated the conditions imposed by

the Criminal Courts while he was released on bail and he is desperate and is in dire

need of money to maintain his group of rowdy elements and to meet expenses in

connection with the trial in the pending criminal cases against him. The Counter

Petitioner is hatching plans to threaten the business people in the Puducherry urban

area and extort money from them by threatening. It is stated that the Counter

Petitioner is a young and very active notorious rowdy element and have become a

source of terror among the public. And also, the Counter Petitioner earned

displeasure among a section of other rowdy group in the area on account of the

grudge against him and hence, rival group is also waiting opportunity to take

revenge upon him. It is further stated that the Counter Petitioner is not a law abiding

person and have scant respect to the judiciary and rule of law.

6. The Petitioner further submitted that if the Counter Petitioner is allowed

to reside in Puducherry urban limits, it is apprehended that he would continue to

indulge in serious offences like murder, extortion, assault, obstructions and

annoyance, damages to the public and private properties, etc., and thereby emerged

as a perennial source of threat to the community and disturb public peace and order.

Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed

to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner

do not to enter into the jurisdiction of this Court, for a period of two months as to

prevent danger to the human life and properties, and disturbance to the public

tranquility and order.

3664

LA GAZETTE DE L’ETAT

[ PART-I

3664

7. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021

and further hearing on 16-11-2021. It was instructed to serve the notice to the

Counter Petitioner through the Station House Officer, Orleanpet Police Station,

Puducherry. The notice was received by the Counter Petitioner.

8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,

Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter

Petitioner were present.

9. I have heard both the sides and carefully gone through all the available

records in file placed by the Petitioner. In the Police Information Report/Petition,

it is stated that the activities of the Counter Petitioner are in such a manner that he

may cause breach of peace and create a problem of law and order, and public

tranquility. He has involved in crimes such as unlawful activities and disturbance

to the public peace and order. There is one criminal case was registered against

him in Orleanpet Police Station, Puducherry. I have also heard the oral submissions

of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has

filed this false case with an ulterior motive.

10. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to public and

private properties, obstructions, annoyance, etc., and thereby become a perennial

source of threat to the community and disturb public peace and order. Such

situations cannot be handled effectively by taking recourse to usual procedures

contemplated by law and hence, it is necessary that special provision under section

144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent

harm to life and properties of citizens and uphold public peace and order.

11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of the powers conferred under section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Kumar @ Rajakumaran (28), son of Ragavan, a resident of No. 75,

Mettu Street, Kuttiyankuppam, Thookkanampakkam Post, Cuddalore District,

Tamil Nadu (Presently residing at Periyar Nagar, Nellithope, Puducherry) from

entering into the region under the jurisdiction of the Subdivisional Magistrate Court

(North), for a period of two months from the date of this order or till any further

orders are passed by the Competent Authority revoking this prohibition as per law,

whichever is earlier except when you are summoned to attend the cases in any of

the Courts in Puducherry. However, the Counter Petitioner may represent against

this order before the undersigned by post or by Counsel.

At Puducherry, Dated on this the 16th day of November, 2021 pronounced

in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

3665

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 360/2021, I.R.No. 99/2021 under section 144 of Cr.P.C./3170

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Gowtham (22),

S/o. Gopal,

No. 04, VIII Cross,

Murugan Koil Street,

Periyar Nagar,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer,

Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives

and properties and disturbance to the public tranquility and order, in the jurisdiction

of this Court.

2. The Counter Petitioner is Thiru Gowtham (22), son of Gopal, a resident

of No. 04, VIII Cross, Murugan Koil Street, Periyar Nagar, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Orleanpet Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R.No.99/2021 under

section 144 of Cr.P.C., dated 26-10-2021. Therein, it has been stated that the Counter

Petitioner has formed a gang of rowdies and indulging in crimes such as attempt

to murder, hurt, extortion and disturbance to the public tranquillity and order . The

Counter Petitioner has created panic in the minds of local inhabitants and the

business community in the city limit. It is also stated that he is leading lavish life

with the money earned through extortion. As a result, the people of the locality

being afraid of him do not come forward to lodge any complaint against him.

In this connection, the Petitioner had stated that the following criminal cases were

registered against the Counter Petitioner.

1. Cr.No. 224/2017 under sections 294(b), 324, 506(ii) r/w 34 IPC of

Orleanpet Police Station, Puducherry – Pending Trial.

2. Cr.No. 60/2018 under section 34 E(i) and B IX of PP Act of Orleanpet

Police Station, Puducherry – Pending Trial.

3. Cr.No. 012/2019 under section 25(i) (a) of Arms Act of Orleanpet Police

Station, Puducherry – Pending Trial.

4. Cr.No. 51/2019 under section 25(i) (a) of Arms Act of Orleanpet Police

Station, Puducherry – Pending Trial.

3666

LA GAZETTE DE L’ETAT

[ PART-I

3666

5. Cr.No. 209/2020 under sections 147, 148, 307, 294(b) and 324 IPC r/w

149 IPC of Orleanpet Police Station, Puducherry – Pending Trial.

6. Cr.No. 98/2021 under section 25 (1A) of Arms Act, 1959 @ 454, 380

IPC and 25 (1A) of Arms Act, 1959 r/w 34 IPC of Orleanpet Police

Station, Puducherry – Pending Trial.

7. Cr.No. 89/2021 under sections 294(b), 353, 506(i) IPC r/w 149 IPC, dated

29-08-2021 of Orleanpet Police Station, Puducherry – Pending Trial.

4. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner violated the conditions imposed by

the Criminal Courts while he was released on bail and he is desperate and is in dire

need of money to maintain his group of rowdy elements and to meet expenses in

connection with the trial in the pending criminal cases against him. The Counter

Petitioner is hatching plans to threaten the business people in the Puducherry urban

area and extort money from them by threatening. It is stated that the Counter

Petitioner is a young and very active rowdy element and have become a source of

terror among the public. And also, the Counter Petitioner earned displeasure among

a section of other rowdy group in the area on account of the grudge against him

and hence, rival group is also waiting opportunity to take revenge upon him.

6. The Petitioner further submitted that if the Counter Petitioner is allowed

to reside in Orleanpet Police Station, Puducherry, limits, it is apprehended that he

would continue to indulge in serious offences like riot, affray, criminal intimidation,

criminal trespass, assault, obstructions and annoyance, damages to the public and

private properties, etc., and thereby emerged as a perennial source of threat to the

community and disturb public peace and order. Hence, the Station House Officer,

Orleanpet Police Station, Puducherry, has prayed to invoke provisions under

section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the

jurisdiction of this Court, for a period of two months as to prevent danger to the

human life and properties, and disturbance to the public tranquility and order.

7. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021

and further hearing on 16-11-2021. It was instructed to serve the notice to the

Counter Petitioner through the Station House Officer, Orleanpet Police Station,

Puducherry. The notice for the Counter Petitioner was received by his wife

Tmt. G. Sengathir. The service was held sufficient for the Counter Petitioner.

8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,

Assistant Sub-Inspector, Orleanpet Police Station, Puducherry, were present. The

Counter Petitioner has failed to appear before the Court on hearing date.

9. I have heard the Petitioner and carefully gone through all the available

records placed before me. In the Police Information Report/Petition, it is stated that

the activities of the Counter Petitioner are in such a manner that he may cause

breach of peace and create a problem of law and order, and public tranquility. He

has involved in crimes such as unlawful activities, assault and disturbance to the

public peace and order. There are 7 criminal cases were registered against him in

Orleanpet Police Station. Puducherry.

10. On perusal of the records submitted by the Petitioner, I am of the

opinion that if, the Counter Petitioner is allowed to reside within the limits of my

jurisdiction, the Counter Petitioner will continue to indulge in and also motivate

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serious offences like murder, assault, damages to public and private properties,

obstructions, annoyance, etc., and thereby become a perennial source of threat to

the community and disturb public peace and order. Such situations cannot be

handled effectively by taking recourse to usual procedures contemplated by law

and hence, it is necessary that special provision under section 144 of Cr.P.C., is

invoked to take action against the Counter Petitioner to prevent harm to life and

properties of citizens and uphold public peace and order.

11. Hence, I, M Kandasamy, do hereby, in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of the powers conferred under section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Gowtham (22), son of Gopal, a resident of No. 04, VIII Cross,

Murugan Koil Street, Periyar Nagar, Puducherry, from entering into the region under

the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two

months from the date of this Order or till any further orders are passed by the

Competent Authority revoking this prohibition as per law, whichever is earlier except

when you are summoned to attend the cases in any of the Courts in Puducherry.

However, the Counter Petitioner may represent against this order before the

undersigned by post or by Counsel.

At Puducherry, Dated on this the 16th day of November, 2021 pronounced

in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 361/2021, I.R.No. 100/2021 under section 144 of Cr.P.C./3171

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Rajasekar (33),

S/o. Mokkan @ Murugesan,

No. 42, Ambethkar Nagar,

Attupatti,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer,

Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C against the Counter Petitioner to prevent imminent danger to human lives

and properties and disturbance to the public tranquility and order, in the jurisdiction

of this Court.

3668

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3668

2. The Counter Petitioner is Thiru Rajasekar (33), son of Mokkan @

Murugesan, a resident of No. 42, Ambethkar Nagar, Attupatti, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Orleanpet Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R.No. 100/2021 under

section of 144 of Cr.P.C., dated 27-10-2021. Therein, it has been stated that the

Counter Petitioner has formed a gang of rowdies and indulging in crimes such as

attempt to murder, hurt, extortion and disturbance to the public tranquillity and

order. The Counter Petitioner has created panic in the minds of local inhabitants

and the business community in the city limit. It is also stated that he is leading

lavish life with the money earned through extortion. As a result, the people of the

locality being afraid of him do not come forward to lodge any complaint against

him. In this connection, the Petitioner had stated that the following criminal case

was registered against the Counter Petitioner.

Cr.No. 202/2020 under sections 341, 302 IPC r/w 34 IPC @ 147, 148,

341, 302 IPC r/w 149 IPC of Orleanpet Police Station, Puducherry.

4. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner violated the conditions imposed by

the Criminal Courts while he was released on bail and he is desperate and is in dire

need of money to maintain his group of rowdy elements and to meet expenses in

connection with the trial in the pending criminal cases against him. The Counter

Petitioner is hatching plans to threaten the business people in the Puducherry urban

area and extort money from them by threatening. It is stated that the Counter

Petitioner is a young and very active rowdy element and have become a source of

terror among the public. And also, the Counter Petitioner earned displeasure among

a section of other rowdy group in the area on account of the grudge against him

and hence, rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed

to reside in Orleanpet, Police Station, Puducherry, limits, it is apprehended that he

would continue to indulge in serious offences like riot, affray, criminal intimidation,

criminal trespass, assault, obstructions and annoyance, damages to the public and

private properties, etc., and thereby emerged as a perennial source of threat to the

community and disturb public peace and order. Hence, the Station House Officer,

Orleanpet Police Station, Puducherry, has prayed to invoke provisions under

section of 144 Cr.P.C., against the Counter Petitioner do not to enter into the

jurisdiction of this Court, for a period of two months as to prevent danger to the

human life and properties, and disturbance to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021

and further hearing on 16-11-2021. It was instructed to serve the notice to the

Counter Petitioner through the Station House Officer, Orleanpet Police Station,

Puducherry. The notice was received by the Counter Petitioner.

7. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,

Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter

Petitioner were present.

8. I have heard both the sides and carefully gone through all the available

records in file placed by the Petitioner. In the Police Information Report/Petition,

it is stated that the activities of the Counter Petitioner are in such a manner that he

PART-I ]

LA GAZETTE DE L’ETAT

3669

may cause breach of peace and create a problem of law and order, and public

tranquility. He has involved in crimes such as unlawful activities and disturbance

to the public peace and order. There is one criminal case was registered against

him. I have also heard the oral submissions of the Counter Petitioner. The Counter

Petitioner has stated that the Petitioner has filed this false case with an ulterior

motive.

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to public and

private properties, obstructions, annoyance, etc., and thereby become a perennial

source of threat to the community and disturb public peace and order. Such

situations cannot be handled effectively by taking recourse to usual procedures

contemplated by law and hence, it is necessary that special provision under section

144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent

harm to life and properties of citizens and uphold public peace and order.

10. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of the powers conferred under section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Rajasekar (33), son of Mokkan @ Murugesan, a resident of No. 42,

Ambethkar Nagar, Attupatti, Puducherry, from entering into the region under the

jurisdiction of the Subdivisional Magistrate Court (North), for a period of two

months from the date of this order or till any further orders are passed by the

Competent Authority revoking this prohibition as per law, whichever is earlier except

when you are summoned to attend the cases in any of the Courts in Puducherry.

However, the Counter Petitioner may represent against this order before the

undersigned by post or by Counsel.

At Puducherry, Dated on this the 16th day of November, 2021 pronounced

in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 362/2021, I.R.No. 101/2021 under section 144 of Cr.P.C./3172

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. . Petitioner

Vs

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3670

Thiru Sundar @ Sundaravelu (27),

S/o. Ellappan,

No. 551, 2nd Cross,

Periyar Nagar, Nellithope,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer,

Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives

and properties and disturbance to the public tranquility and order, in the jurisdiction

of this Court.

2. The Counter Petitioner is Thiru Sundar @ Sundaravelu (27), son of

Ellappan, a resident of No. 551, 2nd Cross, Periyar Nagar, Nellithope, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Orleanpet Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R.No. 101/2021 under

section144 of Cr.P.C., dated 28-10-2021. Therein, it has been stated that the Counter

Petitioner has formed a gang of rowdies and indulging in crimes such as murder

and disturbance to the public tranquillity and order. The Counter Petitioner has

created panic in the minds of local inhabitants and the business community in the

city limit. It is also stated that he is leading lavish life with the money earned

through extortion. As a result, the people of the locality being afraid of him do not

come forward to lodge any complaint against him.

4. The Petitioner further submitted that, on 13-07-2021 at 16.30 hours one

Thiru V. Damodaran, III Adittional District Judge, Puducherry, came to Station and

lodged a complaint, in which he stated that on 13-07-2021 at about 11.00 hours at

the case property room, Northern side of Court Complex, Integrated Court Complex,

Puducherry the accused persons (A1) Kumar @ Rajakumaran (28), son of Ragavan,

No. 75, Mettu Street, Kuttiyankuppam, Thookkanampakkam Post, Cuddalore District,

Tamil Nadu, (A2) Akash (19), son of Kumar, No. 16, 4th Cross, Murugan Koil Sreet,

Orleanpet, Puducherry, (A3) Saran @ Sinna Saran (19), son of Dass @ Murthy,

No. 523, 2nd Cross, Periyar Nagar, Nellithope, Puducherry (4) Sundar @ Sundaravelu

(27), son of Ellappan, No. 551, 2nd Cross, Periyar Nagar, Nellithope, Puducherry,

were joined together in furtherance of common intention trespassed into the Court

complex case property room and committed theft of one Pistol and knifes. In this

connection, the Petitioner had stated that the following criminal case was registered

against the Counter Petitioner.

Cr.No. 99/2021 under sections 454, 380 r/w 511 IPC, dated 13-07-2021

of Orleanpet Police Station, Puducherry.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner violated the conditions imposed by

the Criminal Courts while he was released on bail and he is desperate and is in dire

need of money to maintain his group of rowdy elements and to meet expenses in

connection with the trial in the pending criminal cases against him. The Counter

Petitioner is hatching plans to threaten the business people in the Puducherry urban

PART-I ]

LA GAZETTE DE L’ETAT

3671

area and extort money from them by threatening. It is stated that the Counter

Petitioner is a young and very active notorious rowdy element and have become a

source of terror among the public. And also, the Counter Petitioner earned

displeasure among a section of other rowdy group in the area on account of the

grudge against him and hence, rival group is also waiting opportunity to take

revenge upon him. It is further stated that the Counter Petitioner is not a law abiding

person and have scant respect to the judiciary and rule of law.

6. The Petitioner further submitted that if the Counter Petitioner is allowed

to reside in Puducherry urban limits, it is apprehended that he would continue to

indulge in serious offences like murder, extortion, assault, obstructions and

annoyance, damages to the public and private properties, etc., and thereby emerged

as a perennial source of threat to the community and disturb public peace and order.

Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed

to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner

do not to enter into the jurisdiction of this Court, for a period of two months as to

prevent danger to the human life and properties and disturbance to the public

tranquility and order.

7. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021

and further hearing on 16-11-2021. It was instructed to serve the notice to the

Counter Petitioner through the Station House Officer, Orleanpet Police Station,

Puducherry. The notice for the Counter Petitioner was received by his mother

Tmt. Anusiya. The service was held sufficient for the Counter Petitioner.

8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,

Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter

Petitioner were present.

9. I have heard both the sides and carefully gone through all the available

records in file placed by the Petitioner. In the Police Information Report/Petition,

it is stated that the activities of the Counter Petitioner are in such a manner that

he may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as unlawful activities and disturbance

to the public peace and order. There is one criminal case was registered against

him. I have also heard the oral submissions of the Counter Petitioner. The Counter

Petitioner has stated that the Petitioner has filed this false case with an ulterior

motive.

10. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to public and

private properties, obstructions, annoyance, etc., and thereby become a perennial

source of threat to the community and disturb public peace and order. Such

situations cannot be handled effectively by taking recourse to usual procedures

contemplated by law and hence, it is necessary that special provision under section

144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent

harm to life and properties of citizens and uphold public peace and order.

3672

LA GAZETTE DE L’ETAT

[ PART-I

3672

11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of the powers conferred under section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Sundar @ Sundaravelu (27), son of Ellappan, a resident of No. 551,

2nd Cross, Periyar Nagar, Nellithope, Puducherry, from entering into the region

under the jurisdiction of the Subdivisional Magistrate Court (North), for a period

of two months from the date of this order or till any further orders are passed by

the Competent Authority revoking this prohibition as per law, whichever is earlier

except when you are summoned to attend the cases in any of the Courts in

Puducherry. However, the Counter Petitioner may represent against this order before

the undersigned by post or by Counsel.

At Puducherry, Dated on this the 16th day of November, 2021 pronounced

in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.